BOLIVIA
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Bolivia has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
BOLIVIA
Since April 2009
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
The "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (ATT), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
BOLIVIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Partial commitment to the WTO Telecom Reference Paper
Bolivia has only partially attached the WTO Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
BOLIVIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Bolivia has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
BOLIVIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
The country does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, according to Art. 45 of the General Telecommunications, Information, and Communication Technologies Law, accounting separation is mandated since 2011.
Coverage Telecommunications sector
BOLIVIA
Since May 2008
Since April 2014
Since April 2014
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Supreme Decree No. 29544 (Decreto Supremo No. 29544)
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to the Supreme Decree No. 29544, the State of Bolivia nationalized the share package held by the company ETI EURO TELECOM INTERNATIONAL NV in Empresa Nacional de Telecomunicaciones Sociedad Anónima - ENTEL S.A.A. The Bolivian State owns 97.47% of the shares of ENTEL, while the other 2,53% is owned by minority shareholders. In addition, according to Art. 19 of Law No. 516, assets and investments recovered as a result of the nationalization processes carried out by the State for the recovery of natural resources and strategic sectors, may not be privatized under any modality.
Coverage Telecommunications sector
Sources
- https://www.lexivox.org/norms/BO-DS-29544.html
- https://institucional.entel.bo/inicio3.0/files/institucional/memorias_institucional/Memoria%20Anual%20Entel%20(2020).pdf
- https://institucional.entel.bo/inicio3.0/index.php/presentacion1/historia#:~:text=El%201ro%20de%20mayo%20de,suscritos%20con%20clientes%20y%20proveedores.
- https://www.wipo.int/wipolex/en/text/337477
- Show more...
BOLIVIA
Since August 2011
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
General Telecommunications, Information and Communication Technologies Law (Ley General de Telecomunicaciones, Tecnologías de Información y Comunicación)
According to the Art. 21 of the General Telecommunications, Information and Communication Technologies Law, Bolivia established passive infrastructure sharing obligation both in fixed and mobile sector.
Coverage Telecommunications sector
BOLIVIA
Since April 2014
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to Art. 16 of the Investment Promotion Law, foreign investment in strategic sectors of the State, including in the telecommunications sector, can only be made in mixed capital companies in which the foreign investors has less than the 50% of the shareholding, and the State has a majority shareholding.
Coverage Telecommunications sector
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Bolivia lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of ratification of the WIPO Performances and Phonogram Treaty
Bolivia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal
BOLIVIA
Reported in 2018, last reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in the country. Significant challenges persist with respect to adequate and effective IP enforcement and communication between the "Servicio Nacional de Propiedad Intelectual" (SENAPI) and customs. Video, music, literature, and software piracy rates are among the highest in Latin America. In addition, it is reported that the rate of unlicensed software installation in the country was 79% in 2017 (above the 52% rate of the Latin American countries), for an estimated commercial value of USD 94 million.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://gss.bsa.org/wp-content/uploads/2018/05/2018_BSA_GSS_Report_en.pdf
- https://www.americasquarterly.org/article/how-latin-americas-governments-compare-on-anti-piracy/
- https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
- Show more...
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of ratification of the WIPO Copyright Treaty
Bolivia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Lack of signature of the Patent Cooperation Treaty (PCT)
Bolivia is not a signatory of the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BOLIVIA
Since April 1992
Since December 1993
Since December 1993
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 1322 - Copyright Law (Ley No. 1322 - Ley de Derecho de Autor)
Andean Community, Régimen Común sobre Derecho de Autor y Derechos Conexos (Common Regime on Copyright and Neighboring Rights Decision 351), Official Gazette of the Andean Community No. 145
Andean Community, Régimen Común sobre Derecho de Autor y Derechos Conexos (Common Regime on Copyright and Neighboring Rights Decision 351), Official Gazette of the Andean Community No. 145
Bolivia has a copyright regime under the Law No. 1322. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 24 lists the exceptions, which include citation of an author as long as it is for teaching or research purposes, in accordance with honest uses, to the extent justified by the purpose pursued and not abusive. Furthermore, Bolivia is a member of the Andean Community of Nations, and is subject to Decision 351 issued in 1993. Art. 22 of the Decision sets forth a list of mandatory exceptions in the internal market, but also allows the adoption of additional exceptions in the domestic law of members, as long as they comply with the international standards of the so-called three-step test.
Coverage Horizontal
BOLIVIA
Reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Complaints about outdated IP law
There are some complains are that the laws on intellectual property rights in Bolivia are outdated, and constitutional restrictions limit effective IP protection, because these laws relies on a century-old industrial law (Law of December 2, 1916), rather than any specific law governing industrial property.
Coverage Horizontal